SHRI AJIT J PALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India seeking the following prayers:-

(2.) Heard Mr. Maulik Nanavati, the learned counsel appearing for the writ-applicant and Mr. Ishan Joshi, learned AGP appearing for the respondent - State.

(3.) Mr. Maulik Nanavati, the learned counsel appearing for the writ-applicant submitted that a Letter of Intent dtd. 15/12/2021 has been issued in favour of the writ-applicant. The letter of intent requires the writ-applicant to comply with conditions mentioned therein. Mr. Maulik Nanavati submitted that the writ- applicant has complied with all the conditions, except obtaining no objection certificate from the Forest Department. He has submitted that grant of environment clearance includes a comprehensive study of the impact of mining activity on forest and animal life in forest and therefore, the issuance of no objection certificate by the Forest Department is only a procedural formality. Mr.Maulik Nanavati, the learned counsel submitted that if a formal order granting quarry lease pursuant to the Letter of Intent is passed by the Government on or before 24/5/2022, then the right of the writ-applicant for grant of quarry lease shall stand forfeited. As per Rule 29 of the Gujarat Minor Mineral Concession Rules, 2017. Lastly he has invited attention of the Court to several orders passed by this Court as well as Coordinate Benches directing the Government to pass a formal order for grant of lease and execution of lease deed subjected to an undertaking being filed by the Letter of Intent Holder that he shall not commence mining activity till such time of conditions mentioned in the Letter of Intent stands fulfilled. He has submitted that the writ-applicant is also willing to furnish such an undertaking and, therefore, appropriate order may be passed by this Court.